Professional Documents
Culture Documents
P169698-LIG-RFB-P1-PHASE-2_Jvari-Mestia
P169698-LIG-RFB-P1-PHASE-2_Jvari-Mestia
Works
(Without Prequalification)
Table of Contents
3. Fraud and The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies and
procedures as set forth in the WBG’s Sanctions Framework, as
set forth in Section VI.
In further pursuance of this policy, Bidders shall permit and
shall cause their agents (where declared or not), subcontractors,
subconsultants, service providers, suppliers, and personnel, to
permit the World Bank and the European Investment Bank to
inspect all accounts, records and other documents relating to
any initial selection process, prequalification process, bid
submission, proposal submission, and contract performance (in
the case of award), and to have them audited by auditors
appointed by the Bank.
5. Eligible Materials, The materials, equipment and services to be supplied under the
Equipment, and Contract and financed by the Bank may have their origin in any
Services country subject to the restrictions specified in Section V,
Eligible Countries, and all expenditures under the Contract will
not contravene such restrictions. At the Employer’s request,
Bidders may be required to provide evidence of the origin of
materials, equipment and services.
8. Amendment of At any time prior to the deadline for submission of Bids, the
Bidding Document Employer may amend the Bidding document by issuing
addenda.
C. Preparation of Bids
9. Cost of Bidding The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Employer shall not be
responsible or liable for those costs, regardless of the conduct
or outcome of the Bidding process.
10. Language of Bid The Bid, as well as all correspondence and documents relating
to the Bid exchanged by the Bidder and the Employer, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may be
in another language provided they are accompanied by an
accurate translation of the relevant passages in the language
specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
12. Letter of Bid and The Letter of Bid and Schedules, including the Bill of
Schedules Quantities, shall be prepared using the relevant forms furnished
in Section IV, Bidding Forms. The forms must be completed
without any alterations to the text, and no substitutes shall be
accepted except as provided under ITB 20.3. All blank spaces
shall be filled in with the information requested.
13. Alternative Bids Unless otherwise specified in the BDS, alternative Bids shall
not be considered.
14. Bid Prices and The prices and discounts (including any price reduction) quoted
Discounts by the Bidder in the Letter of Bid and in the Bill of Quantities
shall conform to the requirements specified below.
The Bidder shall fill in rates and prices for all items of the
Works described in the Bill of Quantities. Items against which
no rate or price is entered by the Bidder shall be deemed
covered by the rates for other items in the Bill of Quantities and
will not be paid for separately by the Employer. An item not
listed in the priced Bill of Quantities shall be assumed to be not
included in the Bid, and provided that the Bid is determined
substantially responsive notwithstanding this omission, the
average price of the item quoted by substantially responsive
Bidders will be added to the Bid price and the equivalent total
cost of the Bid so determined will be used for price comparison.
The Bidder shall quote any discounts and the methodology for
their application in the Letter of Bid, in accordance with ITB
12.1.
If, so specified in ITB 1.1, Bids are being invited for individual
lots (contracts) or for any combination of lots (packages).
Bidders wishing to offer discounts for the award of more than
one Contract shall specify in their Bid the price reductions
Section I – Instructions to Bidders (ITB) 16
15. Currencies of Bid The currency (ies) of the Bid and the currency (ies) of payments
and Payment shall be the same and shall be as specified in the BDS.
Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements, and to substantiate that the amounts included in
the unit rates and prices and shown in the Table of Adjustment
Data in the Appendix to Bid are reasonable, in which case a
detailed breakdown of the foreign currency requirements shall
be provided by Bidders.
18. Period of Validity of Bids shall remain valid until the date specified in the BDS or
Bids any extended date if amended by the Employer in accordance
with ITB 8. A Bid that is not valid until the date specified in
the BDS, or any extended date if amended by the Employer in
accordance with ITB 8, shall be rejected by the Employer as
nonresponsive.
19. Bid Security The Bidder shall furnish as part of its Bid, either a Bid-Securing
Declaration or a Bid Security as specified in the BDS, in
original form and, in the case of a Bid Security, in the amount
and currency specified in the BDS.
20. Format and Signing The Bidder shall prepare one original of the documents
of Bid comprising the Bid as described in ITB 11 and clearly mark it
“ORIGINAL.” Alternative Bids, if permitted in accordance with
ITB 13, shall be clearly marked “ALTERNATIVE.” In addition,
the Bidder shall submit copies of the Bid, in the number
specified in the BDS and clearly mark them “COPY.” In the
event of any discrepancy between the original and the copies,
the original shall prevail.
The original and all copies of the Bid shall be typed or written
in indelible ink and shall be signed by a person duly authorized
to sign on behalf of the Bidder. This authorization shall consist
of a written confirmation as specified in the BDS and shall be
attached to the Bid. The name and position held by each person
Section I – Instructions to Bidders (ITB) 20
22. Deadline for Bids must be received by the Employer at the address and no
Submission of Bids later than the date and time specified in the BDS. When so
specified in the BDS, Bidders shall have the option of
submitting their Bids electronically. Bidders submitting Bids
electronically shall follow the electronic Bid submission
procedures specified in the BDS.
The Employer may, at its discretion, extend the deadline for the
submission of Bids by amending the Bidding document in
accordance with ITB 8, in which case all rights and obligations
of the Employer and Bidders previously subject to the deadline
shall thereafter be subject to the deadline as extended.
23. Late Bids The Employer shall not consider any Bid that arrives after the
deadline for submission of Bids, in accordance with ITB 22.
Any Bid received by the Employer after the deadline for
submission of Bids shall be declared late, rejected, and returned
unopened to the Bidder.
24. Withdrawal, A Bidder may withdraw, substitute, or modify its Bid after it
Substitution, and has been submitted by sending a written notice, duly signed by
Modification of Bids an authorized representative, and shall include a copy of the
authorization in accordance with ITB 20.3, (except that
withdrawal notices do not require copies). The corresponding
substitution or modification of the Bid must accompany the
respective written notice. All notices must be:
(a) prepared and submitted in accordance with ITB 20 and
ITB 21 (except that withdrawals notices do not require
copies), and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
“MODIFICATION;” and
(b) received by the Employer prior to the deadline prescribed
for submission of Bids, in accordance with ITB 22.
25. Bid Opening Except in the cases specified in ITB 23 and ITB 24.2, the
Employer shall publicly open and read out in accordance with
this ITB all Bids received by the deadline, at the date, time and
place specified in the BDS, in the presence of Bidders`
Section I – Instructions to Bidders (ITB) 22
The Employer shall neither discuss the merits of any Bid nor
reject any Bid (except for late Bids, in accordance with ITB
23.1).
The Employer shall prepare a record of the Bid opening that
shall include, as a minimum:
(a) the name of the Bidder and whether there is a
withdrawal, substitution, or modification;
Section I – Instructions to Bidders (ITB) 23
27. Clarification of Bids To assist in the examination, evaluation, and comparison of the
Bids, and qualification of the Bidders, the Employer may, at its
discretion, ask any Bidder for a clarification of its Bid, given a
reasonable time for a response. Any clarification submitted by
a Bidder that is not in response to a request by the Employer
shall not be considered. The Employer’s request for
clarification and the response shall be in writing. No change,
including any voluntary increase or decrease, in the prices or
substance of the Bid shall be sought, offered, or permitted,
except to confirm the correction of arithmetic errors discovered
by the Employer in the evaluation of the Bids, in accordance
with ITB 31.
28. Deviations, During the evaluation of Bids, the following definitions apply:
Reservations, and (a) “Deviation” is a departure from the requirements
Omissions specified in the Bidding document;
(b) “Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding document; and
(c) “Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
document.
31. Correction of Provided that the Bid is substantially responsive, the Employer
Arithmetical Errors shall correct arithmetical errors on the following basis:
(a) if there is a discrepancy between the unit price and the
total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail, and the total
price shall be corrected, unless in the opinion of the
Employer there is an obvious misplacement of the
decimal point in the unit price, in which case the total
price as quoted shall govern and the unit price shall be
corrected;
(b) if there is an error in a total corresponding to the addition
or subtraction of subtotals, the subtotals shall prevail and
the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to
(a) and (b) above.
32. Conversion to Single For evaluation and comparison purposes, the currency(ies) of
Currency the Bid shall be converted into a single currency as specified in
the BDS.
Section I – Instructions to Bidders (ITB) 26
34. Subcontractors Unless otherwise stated in the BDS, the Employer does not
intend to execute any specific elements of the Works by
subcontractors selected in advance by the Employer.
Financial Evaluation
To evaluate a Bid, the Employer shall consider the following:
1
An individual firm is considered a domestic Bidder for purposes of the margin of preference if it is registered in the country
of the Employer, has more than 50 percent ownership by nationals of the country of the Employer, and if it does not subcontract
more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs are considered as domestic
Bidders and eligible for domestic preference only if the individual member firms are registered in the country of the Employer
or have more than 50 percent ownership by nationals of the country of the Employer, and the JV shall be registered in the
country of the Borrower. The JV shall not subcontract more than 10 percent of the contract price, excluding provisional sums,
to foreign firms. JVs between foreign and national firms will not be eligible for domestic preference.
Section I – Instructions to Bidders (ITB) 27
36. Comparison of Bids The Employer shall compare the evaluated costs of all
substantially responsive Bids established in accordance with
ITB 35.1 to determine the Bid that has the lowest evaluated
cost.
If ITB 35.2 is applicable, the Employer will determine the Bid
with the highest combined technical and financial score in
accordance with BDS 35.2.
37. Abnormally Low An Abnormally Low Bid is one where the Bid price, in
Bids combination with other elements of the Bid, appears so low that
it raises material concerns as to the capability of the Bidder in
regard to the Bidder’s ability to perform the Contract for the
offered Bid Price.
In the event of identification of a potentially Abnormally Low
Bid, the Employer shall seek written clarifications from the
Bidder, including detailed price analyses of its Bid price in
relation to the subject matter of the contract, scope, proposed
Section I – Instructions to Bidders (ITB) 28
38. Unbalanced or If the Bid that is evaluated as the lowest evaluated cost is, in the
Front Loaded Bids Employer’s opinion, seriously unbalanced or front loaded, the
Employer may require the Bidder to provide written
clarifications. Clarifications may include detailed price
analyses to demonstrate the consistency of the Bid prices with
the scope of works, proposed methodology, schedule and any
other requirements of the Bidding document.
After the evaluation of the information and detailed price
analyses presented by the Bidder, the Employer may as
appropriate:
(a) accept the Bid; or
(b) require that the total amount of the Performance Security
be increased at the expense of the Bidder to a level not
exceeding 20% of the Contract Price; or
(c) reject the Bid.
39. Qualifications of the The Employer shall determine to its satisfaction whether the
Bidder eligible Bidder that is selected as having submitted the lowest
evaluated cost and substantially responsive Bid, meets the
qualifying criteria specified in Section III, Evaluation and
Qualification Criteria.
40. Most Advantageous The Employer shall determine the Most Advantageous Bid.
Bid The Most Advantageous Bid is the Bid of the Bidder that meets
the Qualification Criteria and whose Bid has been determined
to be substantially responsive to the Bidding document and:
(a) when rated criteria are used is the Bid with the highest
combined technical and financial score; or
(b) when rated criteria are not used, is the Bid with the
lowest evaluated cost.
41. Employer’s Right to The Employer reserves the right to accept or reject any Bid and
Accept Any Bid, and to annul the Bidding process and reject all Bids at any time prior
to Reject Any or All to Contract Award, without thereby incurring any liability to
Bids Bidders. In case of annulment, all Bids submitted and
specifically, Bid securities, shall be promptly returned to the
Bidders.
42. Standstill Period The Contract shall not be awarded earlier than the expiry of the
Standstill Period. The Standstill Period shall be ten (10)
Business Days unless extended in accordance with ITB 46. The
Standstill Period commences the day after the date the
Employer has transmitted to each Bidder the Notification of
Intention to Award the Contract. Where only one Bid is
submitted, or if this contract is in response to an emergency
situation recognized by the Bank, the Standstill Period shall not
apply.
43. Notification of The Employer shall send to each Bidder the Notification of
Intention to Award Intention to Award the Contract to the successful Bidder. The
Notification of Intention to Award shall contain, at a minimum,
the following information:
(a) the name and address of the Bidder submitting the
successful Bid;
(b) the Contract price of the successful Bid;
Section I – Instructions to Bidders (ITB) 30
(c) the names of all Bidders who submitted Bids, and their
Bid prices as readout, and as evaluated;
(d) a statement of the reason(s) the Bid (of the unsuccessful
Bidder to whom the notification is addressed) was
unsuccessful, unless the price information in c) above
already reveals the reason;
(e) the expiry date of the Standstill Period; and
(f) instructions on how to request a debriefing and/or submit
a complaint during the standstill period;
F.Award of Contract
44. Award Criteria Subject to ITB 41, the Employer shall award the Contract to the
successful Bidder. This is the Bidder whose Bid has been
determined to be the Most Advantageous Bid.
45. Notification of Prior to the date of expiry of the bid validity, and upon expiry
Award of the Standstill Period specified in ITB 42.1 or any extension
thereof, and, upon satisfactorily addressing any complaint that
has been filed within the Standstill Period, the Employer shall
notify the successful Bidder, in writing, that its Bid has been
accepted. The notification of award (hereinafter and in the
Conditions of Contract and Contract Forms called the “Letter of
Acceptance”) shall specify the sum that the Employer will pay
the Contractor in consideration of the execution of the Contract
(hereinafter and in the Conditions of Contract and Contract
Forms called “the Contract Price”).
Within ten (10) Business Days after the date of transmission of
the Letter of Acceptance, the Employer shall publish the
Contract Award Notice which shall contain, at a minimum, the
following information:
(a) name and address of the Employer;
(b) name and reference number of the contract being
awarded, and the selection method used;
(c) names of all Bidders that submitted Bids, and their Bid
prices as read out at Bid opening, and as evaluated;
(d) names of all Bidders whose Bids were rejected either as
nonresponsive or as not meeting qualification criteria,
or were not evaluated, with the reasons therefor;
(e) the name of the successful Bidder, the final total
contract price, the contract duration and a summary of
its scope; and
Section I – Instructions to Bidders (ITB) 31
47. Signing of Contract The Employer shall send to the successful Bidder the Letter of
Acceptance including the Contract Agreement, and, if specified
in the BDS, a request to submit the Beneficial Ownership
Disclosure Form providing additional information on its
beneficial ownership. The Beneficial Ownership Disclosure
Section I – Instructions to Bidders (ITB) 32
48. Performance Within twenty-eight (28) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security and, if required in the BDS,
the Environmental and Social (ES) Performance Security in
accordance with the Conditions of Contract, subject to ITB 38.2
(b), using for that purpose the Performance Security and ES
Performance Security Forms included in Section X, Contract
Forms, or another form acceptable to the Employer. If the
Performance Security furnished by the successful Bidder is in
the form of a bond, it shall be issued by a bonding or insurance
company that has been determined by the successful Bidder to
be acceptable to the Employer. A foreign institution providing
a bond shall have a correspondent financial institution located
in the Employer’s Country, unless the Employer has agreed in
writing that a correspondent financial institution is not required.
A. General
ITB 1.1 The reference number of the Request for Bids (RFB) is GE-Open Net-
430400-CW-RFB
The Employer is: Open Net N(N)LE
The name of the RFB: Fiber Optic (passive) Infrastructure
Deployment: Phase 2 (Mestia).
The number and identification of lots (contracts) comprising this RFB is:
N/A
ITB 1.2 Clause is amended as follow:
“Georgian Electronic - Government Procurement System (Ge-GP)”
– the official portal of State Procurement in Georgia and is operated by
the State Procurement Agency.
ITB 2.1 The Borrower is: Georgia
Loan or Financing Agreement amount: 35,700,000 EUR
The name of the Project is: Log-In Georgia
ITB 4.1 Maximum number of members in the JV shall be: three (3)
ITB 4.5 A list of debarred firms and individuals is available on the Bank’s external
website: http://www.worldbank.org/debarr
ITB 4.8 An “Adapted EIB Covenant of Integrity” shall apply to Bidder
ITB 4.9 An article of incorporation (or equivalent documents of constitution or
association) shall be submitted
https://us06web.zoom.us/j/85983352405?pwd=8QEcyVbM31zLgbRtZU
X8YkORRZulxJ.1
Meeting ID: 859 8335 2405
Passcode: 101793
C. Preparation of Bids
ITB 10.1 The language of the Bid is: English.
All correspondence exchange shall be in English language.
Language for translation of supporting documents and printed literature is
English.
ITB 11.1 (b) BOQ1 in editable spreadsheet (Microsoft Excel) file is required in addition
to the officially filled, signed and submitted BOQ to facilitate review of
calculations only, and does not replace the BOQ submitted as part of the
bid based on ITB 12.1 & ITB 20.3
ITB 11.1 (f) The forms listed in the column “Documentation” of the table “D.
Qualification” of the Section III - the forms FIN 3.1, 3.2; EXP 4.2 (a), 4.2
(b), 4.2 (c) being particularly important amongst them.
1 The Unite prices in BOQ should be rounded to nearest one hundredth. E.G. $18.8215 should be written as $18.82
Section II – Bid Data Sheet (BDS) 35
(the forms that comprise the Bid are highlighted with yellow throughout
this document)
ITB 11.1 (h) The Bidder shall submit the following additional documents in its Bid:
Signed Covenant of Integrity of the EIB
Code of Conduct for Contractor’s Personnel (ES). The Bidder shall
submit its Code of Conduct that will apply to Contractor’s Personnel (as
defined in Sub-Clause 1.1.17 of the General Conditions of Contract), to
ensure compliance with the Contractor’s Environmental and Social (ES)
obligations under the Contract. The Bidder shall use for this purpose the
Code of Conduct form provided in Section IV. No substantial
modifications shall be made to this form, except that the Bidder may
introduce additional requirements, including as necessary to take into
account specific Contract issues/risks.
ITB 13.1 Alternative Bids shall not be considered
ITB 13.2 Alternative times for completion shall not be permitted.
ITB 13.4 Alternative technical solutions shall be permitted for the following parts
of the Works: N/A
ITB 14.5 The prices quoted by the Bidder shall be: fixed.
ITB 15.1 The currency(ies) of the Bid and the payment currency(ies) shall be in
accordance with Alternative B as described below:
Alternative A (Bidders to quote entirely in local currency): NOT
APPLICABLE
(a) The unit rates and the prices shall be quoted by the Bidder in the Bill
of Quantities, entirely in _________________ and further referred to
as “the local currency”. A Bidder expecting to incur expenditures in
other currencies for inputs to the Works supplied from outside the
Employer’s Country (referred to as “the foreign currency
requirements”) shall indicate in the Appendix to Bid - Table C, the
percentage(s) of the Bid Price (excluding Provisional Sums), needed
by the Bidder for the payment of such foreign currency requirements,
limited to no more than three foreign currencies.
(b) The rates of exchange to be used by the Bidder in arriving at the local
currency equivalent and the percentage(s) mentioned in (a) above shall
be specified by the Bidder in the Appendix to Bid - Table C and shall
apply for all payments under the Contract so that no exchange risk will
be borne by the successful Bidder.
Alternative B (Bidders allowed to quote in local and foreign
currencies):
Section II – Bid Data Sheet (BDS) 36
(a) The unit rates and prices shall be quoted by the Bidder in the Bill of
Quantities separately in the following currencies:
(i) for those inputs to the Works that the Bidder expects to supply from
within the Employer’s Country, in GEL (Georgian Lari), and
further referred to as “the local currency”; and
(ii) for those inputs to the Works that the Bidder expects to supply from
outside the Employer’s Country (referred to as “the foreign
currency requirements”), in up to any three foreign currencies.
ITB 18.1 The Bid shall be valid for: 100 days after bid submission date
ITB 18.3 (a) The Bid price shall be adjusted by the following factor(s): NOT
APPLICABLE
ITB 19.1 A Bid-Securing Declaration shall be required.
ITB 19.3 (d) Other types of acceptable securities: None
ITB 19.9 If the Bidder performs any of the actions prescribed in ITB 19.9 (a) or (b),
the Borrower will declare the Bidder ineligible to be awarded contracts by
the Employer for a period of one (1) year, starting from the date the Bidder
performs any of the actions specified in ITB 19. 9 (a) or (b).
ITB 20.1 In addition to the original of the Bid, the number of copies is: None
ITB 20.3 The written confirmation of authorization to sign on behalf of the Bidder
shall consist of: an organizational document, board resolution or its
equivalent, or power of attorney specifying the representative’s authority
to sign the Bid on behalf of, and to legally bind the Bidder. If the Bidder
is intended or an existing Joint Venture, the power of attorney should be
signed by all partners and specify the authority of the named representative
of the Joint Venture to sign on behalf of, and legally bind the intended or
existing Joint Venture. If the Joint Venture has not yet been formed, also
include evidence from all proposed Joint Venture partners of their intent
to enter into a Joint Venture in the event of a contract award
For comparison of Bids, the Bid Price, corrected pursuant to ITB 31, shall
first be broken down into the respective amounts payable in various
currencies by using the selling exchange rates specified by the Bidder in
accordance with ITB 15.1.
In the second step, the Employer will convert the amounts in various
currencies in which the Bid Price is payable (excluding Provisional Sums
but including Daywork where priced competitively) to the single currency
identified above at the selling rates established for similar transactions by
the authority specified on the date stipulated above.
OR
Alternative B: Bidders quote in local and foreign currencies:
The Employer will convert the amounts in various currencies in which the
Bid Price, corrected pursuant to ITB 31, is payable (excluding Provisional
Sums but including Daywork where priced competitively) to the single
currency identified above at the selling rates established for similar
transactions by the authority specified and, on the date, stipulated above.
ITB 33.1 A margin of domestic preference shall not apply.
ITB 34.1 At this time the Employer does not intend to execute certain specific parts
of the Works by subcontractors selected in advance.
ITB 34.2 Contractor’s proposed subcontracting: Maximum percentage of
subcontracting permitted is: 30 % of the total contract amount.
Bidders planning to subcontract more than 10% of total volume of work shall
specify, in the Letter of Bid, the activity(ies) or parts of the Works to be
subcontracted along with complete details of the subcontractors and their
qualification and experience.
F. Award of Contract
ITB 47.1 The successful Bidder shall submit the Beneficial Ownership Disclosure
Form.
ITB 48.1 and NOT APPLICABLE
48.2
ITB 49.1 The procedures for making a Procurement-related Complaint are detailed
in the “Procurement Regulations for IPF Borrowers (Annex III).” If a
Section II – Bid Data Sheet (BDS) 39
This section contains all the criteria that the Employer shall use to evaluate Bids and qualify Bidders.
No other factors, methods or criteria shall be used other than specified in this Bidding document. The
Bidder shall provide all the information requested in the forms included in Section IV, Bidding Forms.
Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USD
equivalent using the rate of exchange determined as follows:
• For construction turnover or financial data required for each year - Exchange rate prevailing
on the last day of the respective calendar year (in which the amounts for that year is to be
converted) was originally established.
• Value of single contract - Exchange rate prevailing on the date of the contract.
Exchange rates shall be taken from the publicly available source identified in the ITB 32.1. Any
error in determining the exchange rates in the Bid may be corrected by the Employer.
Section III – Evaluation and Qualification Criteria 42
2. Financial Evaluation
2.1 Margin of Preference - NOT APPLICABLE
2.2 Criteria for Financial Evaluation - NOT APPLICABLE
3. Combined Evaluation - NOT APPLICABLE
B. Multiple Contracts1
Qualification Criteria for Multiple Contracts:
Section III describes criteria for qualification for each lot (contract) for multiple lots
(contracts). The criteria for qualification are aggregate minimum requirement for respective
lots (contract) as specified under the qualification criteria numbers 3.1, 3.2 and 4.2(a).
However, with the respect to the specific experience under the qualification criterion 4.2 (a)
of Section III, the Employer will select any one or more of the options as identified below:
N is the minimum number of contracts
V is the minimum value of a single contract
Option 3:
1
In case a Bidder has an ongoing Contract with the Employer, the Bid data that was used to meet the qualification
criteria for that ongoing Contract may be referenced for the purpose of this bidding.
Section III – Evaluation and Qualification Criteria 43
D. Qualification
Eligibility and Qualification Criteria Compliance Requirements Documentation
No. Subject Requirement Single Entity Joint Venture (existing or intended) Submission
All Members Each One Member Requirements
Combined Member
1. Eligibility
1.1 Nationality Nationality in accordance Must meet Must meet Must meet N/A Forms ELI – 1.1
with ITB 4.4 requirement requirement requirement and 1.2, with
attachments
1.2 Conflict of No conflicts of interest in Must meet Must meet Must meet N/A Letter of Bid
Interest accordance with ITB 4.2 requirement requirement requirement
1.3 Bank Eligibility Not having been declared Must meet Must meet Must meet N/A Letter of Bid
ineligible by the Bank, as requirement requirement requirement
described in ITB 4.5.
1.4 State- owned Meets conditions of ITB 4.6 Must meet Must meet Must meet N/A Forms ELI – 1.1
Enterprise or requirement requirement requirement and 1.2, with
Institution of the attachments
Borrower
country
1.5 United Nations Not having been excluded as Must meet Must meet Must meet N/A Forms ELI – 1.1
resolution or a result of prohibition in the requirement requirement requirement and 1.2, with
Borrower’s Borrower’s country laws or attachments
country law official regulations against
commercial relations with the
Bidder’s country, or by an act
of compliance with UN
Security Council resolution,
both in accordance with ITB
4.8 and Section V.
Section III - Evaluation and Qualification Criteria 45
1
Nonperformance, shall include (a) any contract where the Contractor had significant non-conformities in regards to the contract requirements or had a significant
(meaning more than 20% of the contractual timeframe) delay accrued, resulting in the delayed execution of works (total time defined for Design and
Construction),(b) any contract terminated due to Contractor failure.
2
This requirement also applies to contracts executed by the Bidder as a JV member.
3 The Bidder shall provide accurate information on the related Bid Form about any litigation or arbitration resulting from contracts completed or ongoing under its
execution over the last five years. A consistent history of awards against the Bidder or any member of a joint venture may result in failure of the Bid.
Section III – Evaluation and Qualification Criteria 46
4
The Employer may use this information to seek further information or clarifications in carrying out its due diligence.
Section III - Evaluation and Qualification Criteria 47
4. Experience
4.1 General Experience under Must meet N/A Must meet N/A Form EXP – 4.1
(a) Construction construction contracts in the requirement requirement
Experience role of prime contractor, JV
member, Subcontractor, or
management contractor
between 1st January 2019 and
bid submission deadline
Section III - Evaluation and Qualification Criteria 49
5
In case a Bidder is a non-resident company, it shall provide less than or equal to 2 contracts, each of minimum value US$ 100,000, but with total value of all
contracts equal or more than US$ 200,000 fulfilled in country(ies) outside its resident country.
6
In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of a single
contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for single entity. In
determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each of value equal
or more than the minimum value required shall be aggregated.
Section III – Evaluation and Qualification Criteria 50
4.2 For the above and any other Must meet Must meet N/A N/A Form EXP – 4.2
(b) contracts [substantially requirements requirements (b)
completed and under
implementation] as prime
contractor, joint venture
member, or Subcontractor
between 1st January 2019 and
bid submission deadline, a
minimum construction
experience in the following
key activities successfully
completed7:
At least 150 km of linear
construction8 (with at least 1
contract worth of 100 km9 of
linear construction) - a
communication structure, a
motor way, a railroad, all
types of pipelines, a tunnel,
7
Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period.
8
The length equals the actual length of the constructed linear infrastructure and not the sum of its constituting separate components.
9
In case of own linear infrastructure construction, only a total of 100 km experience is required.
Section III - Evaluation and Qualification Criteria 51
6. Equipment
The Bidder must demonstrate that it has access to the key equipment as per their
methodology and work plan and list them as per hereafter (NOT APPLICABLE):
Minimum Number
No. Equipment Type and Characteristics
required
1
2
3
4
5
The Bidder shall provide further details of proposed items of equipment using Form EQU
in Section IV, Bidding Forms.
Section IV - Bidding Forms 53
Table of Forms
Letter of Bid............................................................................................................................55
Appendix to Bid......................................................................................................................59
Schedule of Cost Indexation ........................................................................................59
Bill of Quantities ....................................................................................................................61
Technical Proposal .................................................................................................................62
Site Organization .........................................................................................................63
Method Statement ........................................................................................................64
Mobilization Schedule .................................................................................................65
Construction Schedule .................................................................................................66
ES Management Strategies and Implementation Plans ...............................................67
Code of Conduct for Contractor’s Personnel (ES) Form .............................................68
Form EQU: Equipment ................................................................................................72
NOT APPLICABLE ....................................................................................................72
Form PER -1 ................................................................................................................73
Form PER-2: ................................................................................................................75
Bidders Qualification without prequalification ..................................................................77
Form ELI -1.1 ..............................................................................................................78
Form ELI -1.2 ..............................................................................................................79
Form CON – 2 .............................................................................................................80
Form CON – 3 ...........................................................................................................82
Form CON – 4 ...........................................................................................................84
Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment Performance
Declaration .................................................................................................................84
Form FIN – 3.1: ...........................................................................................................86
Form FIN – 3.2: ...........................................................................................................88
Form FIN – 3.3: ...........................................................................................................89
Form FIN – 3.4: ...........................................................................................................90
Section IV - Bidding Forms 54
Letter of Bid
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED THE
DOCUMENT
The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing the
Bidder’s complete name and business address.
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
(a) No reservations: We have examined and have no reservations to the Bidding document,
including Addenda issued in accordance with ITB 8;
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance
with ITB 4;
(c) Bid-Securing Declaration: We have not been suspended nor declared ineligible by the
Employer based on execution of a Bid-Securing or Proposal-Securing Declaration in the
Employer’s Country in accordance with ITB 4.7;
(d) Sexual Exploitation and Abuse (SEA) and/or Sexual Harassment (SH): [select the
appropriate option from (i) to (v) below and delete the others].
We [where JV, insert: “including any of our JV members”], and any of our subcontractors:
(i) [have not been subject to disqualification by the Bank for non-compliance with
SEA/ SH obligations.]
(ii) [are subject to disqualification by the Bank for non-compliance with SEA/ SH
obligations.]
(iii) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations. An arbitral award on the disqualification case has been made in our
favor.]
(iv) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have subsequently provided and
Section IV - Bidding Forms 56
demonstrated that we have adequate capacity and commitment to comply with SEA
and SH prevention and response obligations.]
(v) [had been subject to disqualification by the Bank for non-compliance with SEA/
SH obligations for a period of two years. We have attached documents
demonstrating that we have adequate capacity and commitment to comply with
SEA and SH prevention and response obligations.]
(e) Conformity: We offer to execute in conformity with the Bidding document and in accordance
with the implementation and completion specified in the construction schedule, the following
Works: [insert a brief description of the Works];
We fully understand the data, conditions and terms of the Works specified in the Annexes 1
to 5 of the Bidding document and have no reservations about them.
(f) Bid Price: The total price of our Bid, excluding any discounts offered in item (f) below is:
______________________________________________
[insert the total price in words and figures, indicating the various amounts and the
respective currencies];
(g) Discounts: The discounts offered and the methodology for their application are:
(i) The discounts offered are: [Specify in detail each discount offered.]
(ii) The exact method of calculations to determine the net price after application of discounts
is shown below: [Specify in detail the method that shall be used to apply the discounts];
(h) Bid Validity: Our Bid shall be valid until [insert day, month and year in accordance with ITB
18.1], and it shall remain binding upon us and may be accepted at any time before the
expiration of that period;
(i) Performance Security: If our Bid is accepted, we commit to obtain a Performance Security
[and an Environmental and Social (ES) Performance Security, Delete if not applicable] in
accordance with the Bidding document;
(j) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we
are not participating in any other Bid(s) as a Joint Venture member or as a subcontractor, and
meet the requirements of ITB 4.3, other than alternative Bids submitted in accordance with
ITB 13;
(k) Suspension and Debarment: We, along with any of our subcontractors, suppliers,
consultants, manufacturers, or service providers for any part of the contract, are not subject
to, and not controlled by any entity or individual that is subject to, a temporary suspension or
a debarment imposed by the World Bank Group or a debarment imposed by the World Bank
Group in accordance with the Agreement for Mutual Enforcement of Debarment Decisions
Section IV - Bidding Forms 57
between the World Bank and other development banks. Further, we are not ineligible under
the Employer’s Country laws or official regulations or pursuant to a decision of the United
Nations Security Council;
(l) State-owned enterprise or institution: [select the appropriate option and delete the other]
[We are not a state-owned enterprise or institution] / [We are a state-owned enterprise or
institution but meet the requirements of ITB 4.6];
(m) Commissions, gratuities, fees: We have paid, or will pay the following commissions,
gratuities, or fees with respect to the Bidding process or execution of the Contract: [insert
complete name of each Recipient, its full address, the reason for which each commission or
gratuity was paid and the amount and currency of each such commission or gratuity]
(n) Binding Contract: We understand that this Bid, together with your written acceptance thereof
included in your Letter of Acceptance, shall constitute a binding contract between us, until a
formal contract is prepared and executed;
(o) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated
cost Bid, the Most Advantageous Bid or any other Bid that you may receive;
(p) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person
acting for us or on our behalf engages in any type of Fraud and Corruption;
(q) Potential DAAB Members: We hereby propose the following three persons, whose
curriculum vitae are attached, as potential DAAB members:
Name Address
1. ……......
2. ………..
3. ………
1
Company/Corporate Identification Number used to identify a business entity.
Section IV - Bidding Forms 58
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete
name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and capacity are
shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
**: Person signing the Bid shall have the power of attorney given by the Bidder to be attached with the
Bid
Section IV - Bidding Forms 59
Appendix to Bid
NOT APPLICABLE
Table: Alternative B
To be used only with Alternative B Prices directly quoted in the currencies of payment. (ITB
15.1)
Summary of currencies of the Bid for ___________ [insert name of Section of the Works]
Bill of Quantities
Shall be provided separately
Section IV - Bidding Forms 62
Technical Proposal
- Site Organization
- Method Statement
- Mobilization Schedule
- Construction Schedule
- Equipment
- Others
Section IV - Bidding Forms 63
Site Organization
NOT APPLICABLE
Section IV - Bidding Forms 64
Method Statement
[Shall include at least the following (but is not limited to):
• Workforce
• Planned Equipment/Machinery
• Working Schedule
Mobilization Schedule
NOT APPLICABLE
Section IV - Bidding Forms 66
Construction Schedule
NOT APPLICABLE
Section IV - Bidding Forms 67
(ES-MSIP)
The Bidder shall submit comprehensive and concise Environmental and Social Management
Strategies and Implementation Plans (ES-MSIP) as required by ITB 11.1 (h) of the Bid Data
Sheet. These strategies and plans shall describe in detail the actions, materials, equipment,
management processes etc. that will be implemented by the Contractor, and its subcontractors.
In developing these strategies and plans, the Bidder shall have regard to the ES provisions of the
contract including those as may be more fully described in the Works Requirements in Section
VII.
Section IV - Bidding Forms 68
The Bidder shall initial and submit the Code of Conduct form as part of its bid.
This Code of Conduct is part of our measures to deal with environmental and social risks related
to the Works. It applies to all our staff, labourers and other employees at the Works Site or other
places where the Works are being carried out. It also applies to the personnel of each subcontractor
and any other personnel assisting us in the execution of the Works. All such persons are referred
to as “Contractor’s Personnel” and are subject to this Code of Conduct.
This Code of Conduct identifies the behavior that we require from all Contractor’s Personnel.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be
tolerated and where all persons should feel comfortable raising issues or concerns without fear of
retaliation.
Section IV - Bidding Forms 69
REQUIRED CONDUCT
Contractor’s Personnel shall:
1. carry out his/her duties competently and diligently;
2. comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-being of other
Contractor’s Personnel and any other person;
3. maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under each person’s
control are safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and biological substances
and agents; and
d. following applicable emergency operating procedures.
4. report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes presents an
imminent and serious danger to his/her life or health;
5. treat other people with respect, and not discriminate against specific groups such as women,
people with disabilities, migrant workers or children;
6. not engage in Sexual Harassment, which means unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature with other
Contractor’s or Employer’s Personnel;
7. not engage in Sexual Exploitation, which means any actual or attempted abuse of position
of vulnerability, differential power or trust, for sexual purposes, including, but not limited
to, profiting monetarily, socially or politically from the sexual exploitation of another;
8. not engage in Sexual Abuse, which means the actual or threatened physical intrusion of a
sexual nature, whether by force or under unequal or coercive conditions;
9. not engage in any form of sexual activity with individuals under the age of 18, except in
case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the environmental and
social aspects of the Contract, including on health and safety matters, Sexual Exploitation
and Abuse (SEA), and Sexual Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct, whether to
us or the Employer, or who makes use of the grievance mechanism for Contractor’s
Personnel or the project’s Grievance Redress Mechanism.
Section IV - Bidding Forms 70
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this Code of
Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be
done in either of the following ways:
1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling
sexual exploitation, sexual abuse and sexual harassment cases, or if such person is not
required under the Contract, another individual designated by the Contractor to handle these
matters] in writing at this address [ ] or by telephone at [ ] or in person at [ ]; or
2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is mandated by the
country law. Anonymous complaints or allegations may also be submitted and will be given all
due and appropriate consideration. We take seriously all reports of possible misconduct and will
investigate and take appropriate action. We will provide warm referrals to service providers that
may help support the person who experienced the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith about any
behavior prohibited by this Code of Conduct. Such retaliation would be a violation of this Code
of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal authorities.
I have received a copy of this Code of Conduct written in a language that I comprehend. I
understand that if I have any questions about this Code of Conduct, I can contact [enter name of
Contractor’s contact person(s) with relevant experience] requesting an explanation.
Signature: __________________________________________________________
ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA) and behaviors and
behaviors constituting Sexual Harassment (SH)
Section IV - Bidding Forms 71
NOT APPLICABLE
The Bidder shall provide adequate information to demonstrate clearly that it has the capability to
meet the requirements for the key equipment listed in Section III, Evaluation and Qualification
Criteria. A separate Form shall be prepared for each item of equipment listed, or for alternative
equipment proposed by the Bidder.
Item of equipment
Form PER -1
Bidders should provide the names and details of the suitably qualified Contractor’s Representative
and Key Personnel to perform the Contract. The data on their experience should be supplied using
the Form PER-2 below for each candidate.
Time commitment: for [insert the number of days/week/months/ that has been scheduled for this
this position: position]
Expected time schedule [insert the expected time schedule for this position (e.g. attach high level
for this position: Gantt chart]
5. Title4of position: Environmental and Social Officer2
.
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
6. Title5of position: [Health and Safety Officer]
.
Name of candidate
Duration of [insert the whole period (start and end dates) for which this position will be
appointment: engaged]
Time commitment: [insert the number of days/week/months/ that has been scheduled for this
for this position: position]
Expected time [insert the expected time schedule for this position (e.g. attach high level Gantt
schedule for this chart]
position:
2
Environmental & Social Officer as well as Health & Safety Officer can be one and same person, if he/she meets both
requirements as defined in the “Contractor’s Representative and Key Personnel” (Section VII. Works
Requirements)
Section IV - Bidding Forms 75
Form PER-2:
Resume and Declaration
Contractor’s Representative and Key Personnel
Name of Bidder
Professional qualifications:
Academic qualifications:
Details
Address of employer:
Summarize professional experience in reverse chronological order. Indicate particular technical and
managerial experience relevant to the project.
Duration of
Project Role Relevant experience
involvement
[main [role and
[describe the experience relevant to this
project responsibilities on the [time in role]
position]
details] project]
Section IV - Bidding Forms 76
Declaration
Signature: __________________________________________________________
Bidder's name
In case of Joint Venture (JV), name of each member:
Bidder's actual or intended country of registration:
[indicate country of Constitution]
Bidder's actual or intended year of incorporation:
3
Company/Corporate Identification Number used to identify a business entity.
Section IV - Bidding Forms 79
Date: _______________
RFB No. and title: __________________
Page _______________ of ____________ pages
Bidder’s JV name:
JV member’s name:
4
Company/Corporate Identification Number used to identify a business entity.
Section IV - Bidding Forms 80
Form CON – 2
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
Contract non-performance did not occur since 1st January [insert year] specified in Section III,
Evaluation and Qualification Criteria, Sub-Factor 2.1.
Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation and
Qualification Criteria, requirement 2.1
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
[insert [insert amount Contract Identification: [indicate complete contract [insert amount]
year] and percentage] name/ number, and any other identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for nonperformance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
No pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3.
Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor
2.3 as indicated below.
Section IV - Bidding Forms 81
Form CON – 3
Environmental and Social Performance
Declaration
[The following table shall be filled in for the Bidder, each member of a Joint Venture and each
Specialized Subcontractor]
Form CON – 4
Sexual Exploitation and Abuse (SEA) and/or Sexual
Harassment Performance Declaration
[The following table shall be filled in by the Bidder, each member of a Joint Venture and each subcontractor
proposed by the Bidder]
Bidder’s Name: [insert full name]
Date: [insert day, month, year]
Joint Venture Member’s or Subcontractor’s Name: [insert full name]
RFB No. and title: [insert RFB number and title]
Page [insert page number] of [insert total number] pages
We:
(a) have not been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
(b) are subject to disqualification by the Bank for non-compliance with SEA/ SH obligations
(c) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations. An
arbitral award on the disqualification case has been made in our favor.
(d) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have subsequently demonstrated that we have adequate capacity and
commitment to comply with SEA/ SH obligations.
(e) had been subject to disqualification by the Bank for non-compliance with SEA/ SH obligations for
a period of two years. We have attached evidence demonstrating that we have adequate capacity
and commitment to comply with SEA/ SH obligations.
[If (c) above is applicable, attach evidence of an arbitral award reversing the findings on the issues
underlying the disqualification.]
If previously provided on another Bank financed works contract, details of evidence that demonstrated
adequate capacity and commitment to comply with SEA/ SH obligations (as per (d) above)
Name of Employer: ___________________________________________
Name of Project: _____________________________________
Contract description: _____________________________________________________
Brief summary of evidence provided: ________________________________________
Section IV - Bidding Forms 85
______________________________________________________________________
Contact Information: (Tel, email, name of contact person): _______________________
______________________________________________________________________
As an alternative to the evidence under (d), other evidence demonstrating adequate capacity and
commitment to comply with SEA/ SH obligations (as per (e) above) [attach details as appropriate].
Section IV - Bidding Forms 86
1. Financial data
2. Sources of Finance
Specify sources of finance to meet the cash flow requirements on works currently in progress
and for future contract commitments.
2. Financial documents
The Bidder and its parties shall provide copies of financial statements for ___________years pursuant
Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financial statements shall:
(a) reflect the financial situation of the Bidder or in case of JV member, and not an affiliated
entity (such as parent company or group member).
Attached are copies of financial statements5 for the ____________years required above; and
complying with the requirements
5
If the most recent set of financial statements is for a period earlier than 12 months from the date of Bid, the reason
for this should be justified.
Section IV - Bidding Forms 88
Average
Annual
Construction
Turnover *
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as specified in Section III,
Evaluation and Qualification Criteria
Financial Resources
No. Source of financing Amount (US$ equivalent)
3
Section IV - Bidding Forms 90
5
Section IV - Bidding Forms 91
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontra
Contractor JV Contractor
ctor
Total Contract Amount US$
If member in a JV or Subcontractor,
specify participation in total
Contract amount
Employer's Name:
Address:
Telephone/fax number
E-mail:
Section IV - Bidding Forms 93
All Subcontractors for key activities must complete the information in this form as per ITB 34
and Section III, Evaluation and Qualification Criteria, Sub-Factor 4.2.
Information
Contract Identification
Award date
Completion date
Role in Contract Prime Member in Management
Subcontractor
Contractor JV Contractor
Total Contract Amount US$
Quantity (Volume, number or rate of Total quantity in Percentage Actual
production, as applicable) performed the contract participation Quantity
under the contract per year or part of the (i) (ii) Performed
year (i) x (ii)
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
6
If applicable
Section IV - Bidding Forms 95
Information
Employer’s Name:
Address:
Telephone/fax number
E-mail:
Information
[The following table shall be filled in for contracts performed by the Bidder, and each
member of a Joint Venture]
Beneficiary: __________________________
Date: __________________________
Guarantor: ________________________________________________
At the request of the Applicant, we, as Guarantor, hereby irrevocably undertake to pay the
Beneficiary any sum or sums not exceeding in total an amount of ___________ (____________)
upon receipt by us of the Beneficiary’s complying demand, supported by the Beneficiary’s
statement, whether in the demand itself or a separate signed document accompanying or
identifying the demand, stating that either the Applicant:
(a) has withdrawn its Bid prior to the Bid validity expiry date set forth in the Applicant’s Letter
of Bid, or any extended date provided by the Applicant; or
(b) having been notified of the acceptance of its Bid by the Beneficiary prior to the expiry date
of the Bid validity or any extension thereto provided by the Applicant, (i) has failed to
execute the contract agreement, or (ii) has failed to furnish the Performance Security and, if
required, the Environmental and Social (ES) Performance Security, in accordance with the
Instructions to Bidders (“ITB”) of the Beneficiary’s Bidding document.
This guarantee will expire: (a) if the Applicant is the successful Bidder, upon our receipt of copies
of the contract agreement signed by the Applicant and the Performance Security and, if required,
the Environmental and Social (ES) Performance Security, issued to the Beneficiary in relation to
such contract agreement; or (b) if the Applicant is not the successful Bidder, upon the earlier of (i)
our receipt of a copy of the Beneficiary’s notification to the Applicant of the results of the Bidding
process; or (ii) twenty-eight days after the expiry date of the Bid validity.
Consequently, any demand for payment under this guarantee must be received by us at the office
indicated above on or before that date.
Section IV - Bidding Forms 98
This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010 Revision,
ICC Publication No. 758.
_____________________________
[signature(s)]
Section IV - Bidding Forms 99
To:
We accept that we will automatically be suspended from being eligible for Bidding, or submitting
Proposals in any contract with the Employer for the period of time specified in Section II – Bid
Data Sheet, if we are in breach of our obligation(s) under the Bid conditions, because we:
(a) have withdrawn our Bid prior to the expiry date of the Bid validity specified in the Letter of
Bid or any extended date provided by us; or
(b) having been notified of the acceptance of our Bid by the Employer prior to the expiry date
of the Bid validity in the Letter of Bid or any extended date provided by us, (i) fail or refuse
to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security
and, if required, the Environmental and Social (ES) Performance Security, in accordance
with the ITB 48.
We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon
the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii)
twenty-eight days after the expiry date of the Bid validity.
Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder attached to the Bid
[Note: In case of a Joint Venture, the Bid-Securing Declaration must be in the name of all members to the Joint
Venture that submits the Bid.].
Section IV - Bidding Forms 100
COVENANT OF INTEGRITY
to the Promoter
from a Tenderer, Contractor, Supplier or Consultant to be attached to its Tender
“We declare and covenant that neither we nor anyone, including any of our directors, employees, agents,
joint venture partners or sub-contractors, where these exist, acting on our behalf with due authority or with
our knowledge or consent, or facilitated by us, has engaged, or will engage, in any Prohibited Conduct (as
defined below) in connection with the tendering process or in the execution or supply of any works, goods
or services for N(N)LE OPEN NET N(N) (the “Contract”) and covenant to so inform you if any instance
of any such Prohibited Conduct shall come to the attention of any person in our organisation having
responsibility for ensuring compliance with this Covenant.
We shall, for the duration of the tender process and, if we are successful in our tender, for the duration of
the Contract, appoint and maintain in office an officer, who shall be a person reasonably satisfactory to you
and to whom you shall have full and immediate access, having the duty, and the necessary powers, to ensure
compliance with this Covenant.
We declare and covenant that neither we nor anyone, including any of our directors, employees, agents,
joint venture partners or sub-contractors, where these exist, acting on our behalf with due authority or with
our knowledge or consent, or facilitated by us, is listed or otherwise subject to EU/ Sanctions1 and/or UN
Sanctions2; or if we or anyone described above is listed or otherwise subject to EU Sanctions and/or UN
Sanctions, we give details of that listing or subjection for further consideration by EIB.[give details if
necessary] We further declare and covenant that neither we nor anyone described above, in connection with
the execution or supply of any works, goods or services for the Contract, will act in contravention of EU/UN
Sanctions. We covenant to so inform you if any instance shall come to the attention of any person in our
organisation having responsibility for ensuring compliance with this Covenant
If (i) we have been, or any such director, employee, agent or joint venture partner, where this exists, acting
as aforesaid has been, convicted in any court or sanctioned by any authority of any offence involving a
Prohibited Conduct in connection with any tendering process or provision of works, goods or services
during the five years immediately preceding the date of this Covenant, or (ii) any such director, employee,
agent or a representative of a joint venture partner, where this exists, has been dismissed or has resigned
from any employment on the grounds of being implicated in any Prohibited Conduct, or (iii) we have been,
or any of our directors, employees, agents or joint venture partners, where these exist, acting as aforesaid
has been excluded or otherwise sanctioned by the EU Institutions or any major Multi-lateral Development
Bank (including World Bank Group, African Development Bank, Asian Development Bank, European
Bank for Reconstruction and Development, European Investment Bank or Inter-American Development
Bank) from participation in a tendering procedure on the grounds of Prohibited Conduct, we give details of
1
Pursuant to Chapter 2 of Title V of the TEU and the objectives of the Common Foreign and Security Policy set out
in Article 21 of the TEU and Article 215 of the TFEU.
2
Pursuant to financial sanctions decided by the United Nations Security Council on the basis of Chapter VII of the
UN Charter.
Section IV - Bidding Forms 101
that conviction, dismissal or resignation, or exclusion below, together with details of the measures that we
have taken, or shall take, to ensure that neither this company nor any of our directors, employees or agents
commits any Prohibited Conduct in connection with the Contract. [give details if necessary]
We acknowledge that if we are subject to an exclusion decision by the European Investment Bank (EIB) or
an EU/UN Sanction (as defined above), we will not be eligible for funding by the EIB.
We grant N(N)LE OPEN NET, the European Investment Bank and auditors appointed by either of them,
as well as any authority or European Union institution or body having competence under European Union
law, the right to inspect and copy our books and records and those of all our sub-contractors under the
Contract. We accept to preserve these books and records generally in accordance with applicable law but
in any case for at least six years from the date of tender submission and in the event we are awarded the
Contract, at least six years from the date of substantial performance of the Contract.”
For the purpose of this Covenant, Prohibited Conduct has the meaning provided in EIB’s Anti-Fraud
Policy.3
Name of the person duly authorized to sign the Bid on behalf of the Bidder** _______
3
EIB’s Anti-Fraud Policy for definitions (http://www.eib.org/infocentre/publications/all/anti-fraud-policy.htm)
Section V – Eligible Countries 102
Eligibility for the Provision of Goods, Works and Non Consulting Services in
Bank-Financed Procurement
In reference to ITB 4.8 and 5.1, for the information of the Bidders, at the present time firms, goods
and services from the following countries are excluded from this Bidding process:
Under ITB 4.8 (a) and 5.1: None
Under ITB 4.8 (b) and 5.1: None
Section VI – Fraud and Corruption 103
1
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i)
applying for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-
contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such
contract, and (ii) entering into an addendum or amendment introducing a material modification to any existing contract.
2
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider
(different names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in
its pre-qualification application or bid because it brings specific and critical experience and know-how that allow the bidder
to meet the qualification requirements for the particular bid; or (ii) appointed by the Borrower.
3
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken
by the Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating
the veracity of an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes
but is not limited to: accessing and examining a firm's or individual's financial records and information, and making copies
thereof as relevant; accessing and examining any other documents, data and information (whether in hard copy or electronic
format) deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other
relevant individuals; performing physical inspections and site visits; and obtaining third party verification of information.
Part 2 – Works’ Requirements 105
Scope of Works
Specification
Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.
Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.
Develop training materials,
train the workers and keep
the records of training
sessions;
Develop and establish
procedures for prevention,
preparedness and response
to emergency situations,
including COVID Infection
Prevention and Emergency
Response Plan;
Develop and implement
Community Health and
Safety Plan to manage
specific risks and impacts
to the communities arising
from Project activities.
Provide necessary PPE for
the workers and enforce its
adequate use.
Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.
material to harmonize
worksite with landscape.
Disallow littering at and
around worksites, dispose
household and construction
waste as pre-agreed with
Engineer, disallow open air
burning and disorganized
dumping of any waste.
Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.
suspend
construction works
and promptly notiry
the Engineer. Do not
resume work untill
receiving of further
guidance from the
Engineer.
6.2 Rate of Wages and Develop Labor
Conditions of Labour Management
Procedure, in
compliance with
project Labour
Management
Procedure. Provide
candidate employee/
constrution worker
with the
information about
the work to be
performed, the type
of employment
contract, terms, the
working conditions
and legal rights of
the employee.
Formalize recruitment of
every worker through
sining a labor agreement
including clear
determination of the form
and amount of
remuneration;
Pay wages at least once a
month.
Section VII – Work’s Requirement 114
Sub-
Clause/Clause Sub-Clause/Clause Remarks
No.
.
• Pollution prevention and management
• Management of air pollution:
Section VII– Work’s Requirements 115
Contractor should follow specific measures (regular application of dust control measures
on the affected areas, regular checking of construction equipment for emissions,
disallowing excessive idling of construction vehicles at site) identified in the
Environmental and Social Management Plan (ESCP) to reduce air pollution.
• Management of hazardous and nonhazardous wastes:
• The Environmental and Social Management Plan (ESCP) provides detailed
guidance about the management of hazardous substances and waste. All
hazardous materials that can be encountered or generated during the
construction phase should be managed, stored, transported and disposed
according to the requirements of the Project and national legislation.
• Management of chemicals and hazardous materials.
• Road Safety
• The Contractor should develop and implement Traffic Management Plan and
Community Health and Safety Plan to address road safety and traffic management
related issues. The documents should identify and assess road safety related risks and
provide respective mitigation measures and identify responsible parties. .
Payment for ES Requirements
Environmental, social and health and safety requirement related costs will be covered under the
prices for other work BoQ items.
In addition, the Bidder should provide sums for personal protective equipment for workers
and for training and orientation sessions on health and safety and SEA/SH related issues.
Section VII – Work’s Requirement 116
1
Environmental & Social Officer as well as Health & Safety Officer can be one and same person, if he/she meets both
requirements.
Section VII– Work’s Requirements 117
Drawings
Provided separately and are integral part of this Bidding Document
Section VII– Work’s Requirements 119
Supplementary Information
Not Applicable